The Rule Against Bias

Abstract:     
The rule against bias is one of the two pillars of natural justice. The hearing rule governs the procedural features of decision making. The bias rule governs the attitude or state of mind of the decision maker. This article examines the foundation of the bias rule and the fiction of the “fair minded and informed observer” by whose conclusions claims of bias are determined. The article considers whether the objective test that supposedly underpins the notion of the fair minded and informed observer does little more than provide a cloak for the subjective views of the judges who apply that doctrine.

Number of Pages in PDF File: 22

Keywords: rule against bias, fair minded, observer, decision making, administrative law, judicial review, bias, objective test, subjective

JEL Classification: K00, K1, K10, K19, K40

Accepted Paper Series